JAMIL Vs. STATE OF U P

JUDGEMENT

(1.) THIRD Additional Sessions Judge Muzaffarnagar has convicted Zamil and sentenced him to one year R.I. under section 324 IPC, and one years rigorous imprisonment and a fine of Rs. 1000/- for the offence punishable under section 325 read with section 34, IPC. Appellants Riaz, Muda and Manzoor were also found guilty and thereby convicted and sentenced to one year R.I. each under section 324 read with 34, IPC and one years rigorous imprisonment and a fine of Rs. 1000/- each under section 325 read with section 34, IPC. In default of payment of fine all the appellants were directed to undergo R.I. for three months. All the sentences were directed to run concurrently. Aggrieved by this order the present appeal has been filed.

(2.) THE prosecution case is that the appellants were intending to take water through the filed of Farjan. Farjan had not permitted this taking of water. Consequently the appellants were highly infuriated. It is alleged that at about 9 a.m. on 17-3-1975 the injured Farjan PW 2 was cutting 'Barsim' in his field situated in village Jangal Qasba P. S. Kerana district MuzafarNagar. Appellant Zamil armed with Palkati and Riaz, Muda and Manzoor armed with Lathi arrived. Zamil exhorted his companions that Farjan be taught a lesson for stopping the water through his field. THE appellant started assaulting Farzan with their weapons. Farjan ran for his life. THE accused chased him and caused hurt to him in the field of Muda appellant. After injuring Farjan quite seriously appellants ran away. THE persons working in neighbourhood viz., Barhu, Liyakat, Abbuikim challenged the assailants. THE accused-appellants ran away.

(3.) THE investigation had been taken up by Suraj Pal Singh, Sub-Inspector PW 8 of Police Station Kerana. He was present at the police station when the report was lodged. He went to the hospital and interrogated Farjan and Yameen. He took blood stained 'Kurta', 'Tahmad' and 'Baniyain' of Farzan and prepared a memo Ext. Ka. 4. He went to the spot, interrogated other witnesses and prepared a site plan. He collected blood stained earth and plain earth from the spot and prepared memo Ext. Ka. 6. After perusing the supplementary medical report and completing other formalities a charge- sheet was submitted on 9-4-1975.